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Regulations of Administrative Permit for Arctic Expedition

 

 August 30, 2017

 

Chapter 1        General Provisions

 

Article 1            The Regulations is developed in accordance with the National Security Law of the People’s Republic of China, the Administrative Permit Law of the People’s Republic of China, the Decision of the State Council to Set Up Administrative Permit Regime for Administrative Approval Items Necessary to Retain, in a view to standardizing the conduct of administrative permit for Arctic expeditions of China, ensuring orderly undertaking of Arctic expeditions, in reference to the provisions set forth in the United Nations Convention on the Law of the Sea, and the Spitsbergen Treaty, amongst other international instruments.

 

Article 2            The Arctic expeditions as referred to in the Regulations means activities undertaken in the Arctic region for the purposes of exploring and cognition of the natural and human features in forms of exploration, investigation, survey, observation, monitoring, study and associated logistic support, etc.

 

The Arctic region as referred to in the Regulations means the geographic area as defined in the Agreement on Enhancing International Arctic Scientific Cooperation adopted by the Arctic Council (see Appendix I).

 

Article 3           Citizens, legal persons or other organizations shall submit applications to the maritime administrative department of the State Council in event of undertaking Arctic expeditions involving the following subject matters:

 

(1).    Arctic expeditions funded by the state finance;

(2).    Other Arctic expeditions organized by citizens, legal persons or other organizations, including:

a)        Installation of fixed (interim or permanent) expedition stations, equipment or undertaking major Arctic expeditions in areas applicable to the Spitsbergen Treaty;

b)        Arctic expeditions undertaken on the high seas of the Arctic, in deep seafloors and air thereof;

c)         Siting and other associated activities undertaken for Arctic observation;

d)        Other activities, except for the circumstances as set forth the above three sub-sections, which requires to enter stations of China or access of equipment thereof where direct impact is to occur to the Arctic expedition organized by the state.

 

Article 4           The Regulations is applicable to the affairs of application, acceptance, review, approval and supervision vis-à-vis Arctic expeditions as set forth in Article 3 of the Regulations.

 

Article 5            The state encourages and support citizens, legal persons and other organizations in undertaking scientific Arctic expeditions in an orderly manner.

 

The review and approval of applications for Arctic expedition shall subject to the principles of openness, fairness, justice, convenience, and efficiency.

 

Article 6           Citizens, legal entities or other organizations shall be entitled to the rights to statement and defense, vis-à-vis the expedition activities as set forth in Article 3 of the Regulations, as well as the rights to applying for administrative review or administrative proceedings

 

Article 7           Citizens, legal persons or other organizations, in the course of organizing and undertaking Arctic expeditions, shall preserve the Arctic environment and ecosystem, not violate relevant provisions of international treaties or Chinese laws, abide by local laws, and respect local manners and customs.

 

Article 8            Any organization and individual are entitled to reporting of any violation of the Regulations, where the administrative department shall undertake verification and processing in a timely manner, and feedback to the reporter regarding the relevant situation within 20 working days.

 

Chapter 2        Application and Acceptance

 

Article 9           The maritime administrative department of the State Council shall be responsible for review and approval of Arctic expedition activities as stated in Article 3 of the Regulations.

 

Article 10         The maritime administrative department of the State Council shall provide public notification in its government website with the following contents of relevant administrative permit vis-à-vis Arctic expedition activities:

 

(1).    Subject matters, basis and procedure of administrative permit for Arctic expeditions;

(2).    List of all documentation which applicants shall submit;

(3).    Name of the office responsible for undertaking review and approval for Arctic expeditions, and mailing address, phone number and supervisory phone number thereof.

The maritime administrative department of the State Council shall, at the request of applicants, provide explanation and interpretation to the content of public notification.

 

Article 11         Citizens, legal entities or other organizations, prior to undertaking Antarctic expeditions as set forth in Section (1), subsection a) and b) of Section (2) of Article 3, shall submit applications to the maritime administrative department of the State Council, and shall be accountable for the authenticity of the contents and shall bear corresponding legal accountabilities thereof. Application documentation shall include the following contents:

 

(1).    Title of the expedition;

(2).    Applicant’s information;

(3).    Program of expedition (including, objectives, significance, cycle, route, area of activities, program of activities, vehicles, and in-situ logistic support capabilities, etc.);

(4).    Environment impact assessment document in Chinese and English;

(5).    Emergency response plan;

(6).   Name list and identity material, and health certifications of expeditions;

(7).    Antarctic expeditions with self-supported vessels or aircrafts shall subject to the provision of photocopies of corresponding certificates and insurance contracts; Antarctic expeditions with leased vessels or aircrafts shall subject to the provision of lease contracts or letters of commitment.

(8).    Statement on the requirements of local countries and implementation of the requirements thereof. Should the local country require approval for expeditions, original copy and photocopy of the approval document from the local country of expedition or statement on the progress of approval shall be provided.

 

Article 12         The state establishes Arctic observation network. The maritime administrative department shall plan and manage, in a unified manner, scientific Arctic observation activities, achieving optimized allocation and sharing of resources.

 

                            Citizens, legal persons or other organizations shall submit application to the maritime administrative department of the State Council for siting activities for the purpose of scientific Arctic observation inside the Arctic region, and shall be accountable for the authenticity of the content thereof and bear corresponding legal accountabilities. Application document shall include the following contents:

 

(1).    Information of the applicant;

(2).    Argumentation report of siting;

(3).    Environment impact assessment document in Chinese and English;

(4).    Where observation site is located within the jurisdiction of any Antarctic country, statement shall be submitted on requirements of local countries vis-à-vis observations and implementation thereof. Should the country of observation site require approval for observation, original copy and photocopy of the approval document from the country or statement of approval progress shall be submitted. 

Should proposed activities concurrently conform to the circumstances as set forth in Article 11 of the Regulations, the application document thereof shall include contents as listed in sections (1), (3), (5), (6), (7), (8).

 

Article 13         Citizens, legal persons or other organizations shall submit application to the maritime administrative department of the State Council for the 4th activity in the Arctic region as set forth in Section (2) of Article 3, and shall be accountable for the authenticity of the contents and corresponding legal accountabilities thereof. Application document shall include the following contents:

 

(1).    Information of applicant;

(2).    Illustration on contents and necessity of activities which bear direct impact on Arctic expeditions organized by the state;

(3).    Environment impact assessment document, including assessment on the impact on stations, equipment and Arctic expeditions organized by the state;

(4).    Name list of personnel involved and identification certificates thereof.

 

Article 14         The maritime administrative department of the State Council shall, based on the extent of environment impact of proposed Arctic expeditions, undertake categorized management over environment assessment for Arctic expeditions. Citizens, legal persons or other organizations shall, in accordance with the extent of impact on the Arctic environment, compile environment impact assessment forms or environment impact assessment reports, respectively.

 

Article 15         Arctic expeditions with minor or transitory impact on the Arctic environment shall subject to compilation of environment impact assessment forms, which shall include the following contents:

 

(1).    Time, area, routes, and summary of activities in the Arctic region;

(2).    Alternative plan of activities and impact thereof;

(3).    Analysis of direct and cumulative impact on the Arctic environment arising from the proposed expeditions;

(4).    Preventive and mitigating measures, and technical feasibility analysis thereof;

(5).    Compliance with local standards of environment and ecological preservation.

(6).    Conclusion.

 

Article 16         Artic expeditions with large or major environment impact shall subject to the compilation of environment impact assessment reports, which shall include the following contents:

 

(1).    Time, area, routes, and summary of activities in the Arctic region;

(2).    Alternative plan of activities and impact thereof (including alternative plan in lieu of the expedition);

(3).    Description and analysis of environment status quo of expedition area;

(4).    Prediction and analysis of direct and cumulative impact on the Arctic environment arising from the proposed expeditions;

(5).    Preventive and mitigating measures, and technical feasibility analysis thereof;

(6).    Long-term environment monitoring program and environment management plan;

(7).    Compliance with local standards of environment and ecological protection.

(8).    Conclusion.

 

Article 17         The maritime administrative department of the State Council shall process the applications for expeditions per the following circumstances:

 

(1).   Where the subject matter of the application does not subject to review and approval, immediate notification of non-acceptance shall be issued to the applicant thereof;

(2).   Where the subject matter of application does not fall into the terms of reference of the national maritime administrative department, immediate decision of non-acceptance shall be made and notification be issued to the applicant thereof notifying that the application shall be submitted to relevant national administrative department;

(3).   Where application document contains error which can be corrected on-site, the applicant thereof may make corrections and re-submit on-site, except for errors in relation to material technical substance;

(4).   Where application document is incomplete or does not conform to statutory format, notification shall be issued to the applicant there of, on-site or within 5 days, elaborating all material which shall be supplemented or corrected. Failure of notification as such beyond the timeline thereof shall be deemed as accepted as of the date of receipt of the application document. Supplementary or corrected material thereof shall be submitted within 5 days following the date of notification issuance. Where supplementary or corrected material remains in inconformity with relevant requirements, the national maritime administrative department may require for continued supplementation or correction.

(5).   Where application document is complete and conforms to statutory format, or supplementary or corrected material is submitted as per requirement, administrative permit application thereof shall be accepted.

 

Article 18         The maritime administrative department of the State Council shall issue notification in writing with specialized official seal affixed and date of issuance vis-à-vis acceptance or non-acceptance of the applications for Arctic expeditions.

 

Article 19         The applicant may request in writing to withdraw the application following the acceptance issued and prior to administrative permit determined; In the event of request for withdrawal, the maritime administrative department of the State Council shall terminate the review process and issue notification thereof to the applicant.

 

Article 20         The applicant shall submit application for alteration to the maritime administrative department of the State Council for one of the following substances:

 

(1).    Cycle of expeditions;

(2).    Name list of the expedition crew and fundamental information thereof;

 

Article 21         Re-application shall apply in one of the following circumstances:

 

(1).    Alteration of purposes, content or anticipated goals;

(2).    Activities beyond the time of validity as approved;

(3).    Alteration of other major items.

 

Chapter 3        Review and Decision

 

Article 22         The maritime administrative department of the State Council shall, upon acceptance of applications, undertake review from safety, science, feasibility, planning and environment perspectives.

 

Article 23         The maritime administrative department of the State Council shall make administrative decisions within 20 working days as of acceptance. Where administrative decision is not able to be made within 20 working days, an extension of 10 working days may be adopted subject to the approval of personnel in charge of the maritime administrative department of the State Council.

 

Article 24         The maritime administrative department of the State Council may, in the course of application review, organize relevant experts to undertake review and evaluation, and to provide recommendations on review.

 

                            Time entailed by expert review and evaluation shall not be counted in the timeline of application review and approval.

 

Article 25         Administrative permit certificates shall be issued to approved Arctic expeditions as set forth in the Regulations; written notification shall be issued to applicants where proposed expeditions are not granted with approval.

 

Article 26         Administrative permit certificates shall include the following contents:

 

(1).    Information of expeditioners thereof;

(2).    Expedition activities as approved;

(3).    Obligations thereof;

(4).    Period of validity;

(5).    Name of approval authority, date and number of approval.

 

Expeditions as set forth in Section (1), subsection 1 and 2 of Section (2) of Article 3 of the Regulations shall, upon issuance of certificate, undertake activities in line with the state Arctic expedition plan.

 

The administrative certificate shall be carried by the expeditioners in the course of expeditions.

 

Article 27        The maritime administrative department shall not grant administrative permit in one of the following circumstances:

 

(1).    Where the applicant bears no capacity or limited capacity of civil conduct, or the applicant be a legal entity or other organization where the legal representative thereof bears no capacity or limited capacity of civil conduct;

(2).    Where the proposed Arctic expedition constitutes violation of provisions of relevant international treaties;

(3).    Where proposed expedition is inconsistent with state Arctic plan;

(4).    Where the expedition may cause major damage to the Arctic environment or ecosystem;

(5).    Where subsequent Antarctic expeditions are restricted by law as a result of previous violation of relevant legal provisions;

(6).    Where expedition may cause damage to national interests of China;

(7).    Where relevant situation is concealed or false material is submitted;

(8).    Where expedition bears high likelihood of emergencies while applicant that shall prepare emergency response plan fails to do so or is incapable of implementing the plan;

(9).    Where expedition may cause large negative impact on expeditions organized by the state;

(10).Other circumstances restricted by laws and regulations.

 

Chapter 4        Supervision

 

Article 28         The citizen, legal person or other organization that undertakes the expedition as set forth in Article 3 shall, upon completion of the expedition, complete and submit expedition report to the maritime administrative department of the State Council within 30 days.

 

                            The expedition report shall include the following contents:

 

(1).    Summary of expedition activities;

(2).    Statement of implementation of state Arctic plan;

(3).    Environment impact and mitigating measures thereof;

(4).    Other circumstances which should be reported.

 

Article 29         Expeditioners that undertake activities as set forth in Section (1), subsection a) and b) of Section (2) of Article 3 of the Regulations shall properly store data, material and specimen acquired from Arctic expeditions, and keep in file in accordance with state file management requirements, and deliver for pooling and sharing in line with specimen and data management methods of the maritime administrative department of the State Council.

 

Article 30         The maritime administrative department of the State Council, in event of issuance of administrative permit certificate of Arctic expeditions by its own staff in violation of relevant stipulations, shall undertake rectification immediately.

 

Article 31         The maritime administrative department of the State Council shall undertake supervisory inspections over the implementation of administrative permit regime. Inspectees shall cooperate in supervisory inspection exercises.

 

                            The maritime administrative department of the State Council, in the course of fulfilling its on-site supervisory obligations, may adopt the following measures:

 

(1).    Requiring expeditioners to show the administrative permit certificate;

(2).    Requiring expeditioners to illustrate the compliance with the permit;

(3).    Inspection of facilities, equipment, vehicles, vessels, and aircrafts used by the expeditioners in the Arctic per the allowed band of the permit, and records thereof, and matters in relation to the preservation of the Arctic environment and ecosystem;

(4).    Requiring expeditioners to suspend any conduct in violation of or beyond the band allowed by administrative permit and fulfill statutory obligations.

 

Article 32         The maritime administrative department of the State Council shall, in event of Arctic expedition as set forth in Article 3 of the Regulations without administrative permit, keep the violation thereof in record, and may reject the application thereof for subsequent Arctic expedition. Cases of gross violation shall be reported to relevant competent authorities for administrative penalty. Where a crime is committed, investigation shall be undertaken for criminal accountabilities.

 

                            Where the applicant conceals relevant information or provides false material in application for administrative permit, the maritime administrative department of the State Council shall not accept the application or shall not grant the administrative permit, and shall accord a warning.

 

                            In event of acquiring the permit through improper means as defraud or bribery, or Arctic expedition as set forth in Article 3 of the Regulations being undertaken beyond the band allowed by the permit, the maritime administrative department of the State Council shall revoke the permit certificate thereof, keep the violation in record, and may reject the subsequent Arctic expedition; Cases of gross violation shall subject to administrative penalty by competent authorities per law. Where a crime is committed, investigation shall be undertaken for criminal accountabilities.

 

                            In event of violation of Article 28 and Article 29 of the Regulations, or resisting supervisory inspections, the maritime administrative department of the State Council shall keep the violation in record and may reject the application for subsequent Arctic expeditions thereof. Cases of gross violation shall be reported to relevant competent authorities for administrative penalty.

 

Chapter 5        Annex

 

Article 33         The Regulations shall subject to interpretation by the maritime administrative department of the State Council and shall become effect as of the date of promulgation.

 

 

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